Item Coversheet
ITEM 1.
WALK ON AGENDA

AGENDA ITEM REPORT

DATE:March  5, 2019 
DEPARTMENT:County Manager
REQUESTER:Glen Salyer 
TITLE:Approve Agreement with LA-MSID for a Joint Water Quality Project on GS-10 

I.MOTION REQUESTED
 

A)  Approve the Memorandum of Understanding between Lee County and the Lehigh Acres Municipal Services Improvement District for construction and maintenance of a water quality project on Conservation 20/20 Nomination 257-2 (aka GS – 10);

B)  Authorize the Chair, on behalf of the Board, to execute Memorandum of Understanding;

C)  Authorize payment of necessary fees and costs;

D) Authorize staff to handle and accept all documentation necessary to complete the Memorandum of Understanding.

II.ITEM SUMMARY
 Approves Memorandum of Understanding between Lee County and the Lehigh Acres Municipal Services Improvement District (LA-MSID) for construction and maintenance of a water quality project on Conservation 20/20 Nomination 257-2 (otherwise known as GS-10). The water storage and filtration infrastructure is intended to reduce pollutants to help the County achieve its Total Maximum Daily Load (TMDL) targets. 
III.BACKGROUND AND IMPLICATIONS OF ACTION
 A)Board Action and Other History
  

On December 18, 2018, the Board approved the purchase of Conservation 20/20 Nomination 257-2 consisting of approximately 624.90 acres, located along Joel Boulevard in East Lee County, at a cost of $3,873,300 ($6,200 per acre).

 

Nomination 257-2 is a 624.90+/-acre hydrologically disturbed parcel of land (historically used as a borrow pit) surrounded by residential lots.  It is southeast of the Greenbriar Swamp and fronts along Joel Boulevard in Lehigh Acres.  The size, location and hydrologically disturbed condition of this site are ideal for a water quality/storage project with potential passive public recreation components.  This parcel is part of the proposed Caloosahatchee River Estuary, Lehigh Section 10 Storage Project (CRE 144) in the 2012 Caloosahatchee River Watershed Protection Plan. 

 

STRAP Nos. 10-44-27-00-00001.0000, 10-44-27-00-00001.0010, 10-44-27-00-00002.0000 and 10-44-27-00-00003.0000

 B)Policy Issues
  
 C)BoCC Goals
  
 D)Analysis
  

The Board authorized staff to pursue an Agreement with Lehigh Acres Municipal Services Improvement District (LA-MSID) for a joint participation water quality project upon Nomination 257-2, if acquired by the County for Conservation 20/20. The proposed agreement provides that Lee County will provide the land and LA-MSID will construct and manage the water quality project. Both entities will share proportionately in TMDL credits. Lands outside of the water quality project area will be managed by Lee County through Conservation 20/20. 

 

The proposed project includes modifying the existing site to allow for additional surface water storage. The project will present regional water quality benefits to the impaired Caloosahatchee River and provide significant nutrient load (pollution) reductions towards accomplishing the goals of the Caloosahatchee Estuary Basin Management Action Plan (BMAP).

 

The agreement requires LA-MSID to design, permit, fund and commence constructing the project within 7 years and complete construction within 12 years. Subsequently, the District will provide continuing maintenance for the facilities during the term of the agreement. The agreement runs for an initial term of 50 years and provides for a 50 year extension.
 E)Options
  
IV.FINANCIAL INFORMATION   
 A)Current year dollar amount of item:
No funding required.
 B)Is this item approved in the current budget?N/A
 C)Is this a revenue or expense item?N/A
 D)Is this Discretionary or Mandatory?Discretionary   
 E)Will this item impact future budgets?
If yes, please include reasons in III(D) above.
 F)Fund:
Program:
Project:
Account Strings:  
 G) Fund Type?N/A   
 H)Comments:
 
V.RECOMMENDATION
 Approve  
VI.TIMING/IMPLEMENTATION
 The LA-MSID board is scheduled to consider this MOU during a special meeting on March 11, 2019. The tentative closing date for the GS-10 parcel is March 18, 2019, although closing could be delayed in order to complete outstanding due diligence items.
VII.FOLLOW UP
 
ATTACHMENTS:
DescriptionUpload DateType
11P0444-MOU 2020 Parcel 257-2 (GS-10)3/4/2019Backup Material
11P1865-GS-10 Exhibit A 02-26-20193/4/2019Backup Material
11P1863-GS-10 Exhibit B 02-26-20193/4/2019Backup Material
11P1859-GS-10 Exhibit C 02-26-20193/4/2019Backup Material
11P1861-GS-10 Exhibit D 02-26-20193/4/2019Backup Material
11P1734-GS-10 Exhibit E - Insurance Re3/4/2019Backup Material
REVIEWERS:
DepartmentReviewerActionDate
County ManagerSalyer, Glen Approved3/4/2019 - 1:11 PM
Budget ServicesHenkel, Anne Approved3/4/2019 - 1:13 PM
Budget ServicesWinton, PeterApproved3/4/2019 - 2:37 PM
County AttorneyFredyma, John J.Approved3/4/2019 - 3:02 PM
County ManagerSalyer, Glen Approved3/4/2019 - 3:43 PM